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(영문) 창원지방법원 2021.02.17 2020고단3115
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The fraud of the borrowed money against the victim B of the 2020 order 3115 letter "on August 19, 2020, by linking the defendant's house located in Kimhae-si C with the Internet D on August 19, 2020, "on the loan of KRW 200,000 on the following day."

The phrase " shall be posted on the part of the victim B who reported and contacted this, and shall send KRW 200,000 to the victim B who made a prompt deposit of KRW 200,000 on the face of the week, which shall add to the interest of KRW 300,000.

“.........”

However, even if the defendant received 200,000 won from the injured party, he did not have the intention or ability to send 300,000 won more interest.

Defendant 1, as seen above, deceiving the victim and was transferred KRW 200,000 to the E account (F) in the name of the Defendant around 01:00 on August 19, 2020, and thereafter, Defendant 200,000 from August 21, 2020, the Defendant’s account “H Bank J” in the name of the Defendant stated in the Defendant’s account No. 3 through 5 of the daily list of crimes in the crime committed in the annexed crime list in the annexed crime list is a clerical error in H Bank K.

The total amount of KRW 1,250,000 was remitted from the damaged person on a total of six occasions, such as the statement.

" 2020 Highest 4200"

2. Fraud of loans to victims G;

A. On August 14, 2020, the Defendant, at around 12:19, posted a letter “300,000,000 won from the Defendant’s house located in Kimhae-si, with access to the Internet D, and reported that “300,000,000 won” to the victim G who contacted the Defendant. The Defendant would pay KRW 50,000,000 by August 31, 2020, with interest rate of KRW 200,000.

“.........”

However, even if the defendant borrows money from the injured party, the defendant did not have any intention or ability to pay interest as agreed.

At around 12:41 on the same day from the victim, the defendant deceivings the victim as above and acquired 300,000 won from the H bank account (I) in the name of the defendant.

B. On August 14, 2020, the Defendant contacted the victim at around 14:00 and only “200,000 won.”

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